Registering a trade mark may seem expensive, particularly if you are just beginning your journey as being a start-up or in case you are a small business owner with lots of other expenditure outlays to think about. In case you are looking over this post, you are probably already conscious of the importance of protecting your trade mark. If you’re not completely convinced, you can read a little more about why you need to register your trade mark in this article: Do I need a trade mark?
Whether or not you self-file, work with an online service or engage Inventhelp Company, you will need to pay fees towards the Trade Marks Office (also referred to as IP Australia), the federal government body that handles all intellectual property registrations within australia. Should you make an effort to file your trade mark application yourself?
Everybody wants to save cash and there could be times where we feel we could cut corners or get things done cheaply in a manner in which won’t adversely affect the results of whatever we are trying to achieve. However, self-filing your trade mark does not necessarily mean that you will save money or time.
Firstly, you can find currently 45 trade mark classes to pick from. There might be adverse consequences if you choose the incorrect or way too many classes whenever you draft your own trade mark application. In addition you risk paying a lot of money to your application, however, if you attempt to seek registration in a class that will not actually reflect your business’s goods or services, you possibly will not end up getting the protection you require inside the parts of goods or services which are most relevant to your business. Likewise, when you purchase a lot of classes you could pay for something you may not absolutely need.
You should weigh up several factors when deciding the best way to file, such as the time that it takes to get ready the application and complications or issues that could arise during the trade mark process. Even though the filing process can be relatively straightforward to get a seasoned expert, it is really not simple and often requires careful consideration from the ‘bigger picture’. As an example, are you aware that you can find important ownership issues to think about, which should not be corrected when you get it wrong during the time of filing?
If you consider the flowchart below, you will notice it is not only a case of lodging a form and hey presto, here’s your registered trade mark. Is definitely an online service an improved option? Utilizing an online legal service might seem attractive because it is cheaper than employing a lawyer or even an attorney. It may even look like a faster option. In theory, it ought to save you time on the trade mark search, and a second set of eyes to appear over the application could be beneficial. However, will you receive feedback and advice? In most cases, the correct answer is no. They will likely not evaluate the effectiveness of your trade mark nor provide advice on other relevant issues like ownership considerations.
Better left for the professionals? Since the terms tend to be used interchangeably (particularly in popular culture), there might be some confusion involving the role of the “trade mark” Lawyer and exactly how that differs to some Trade Marks Attorney. Unlike attorneys, lawyers (or admitted solicitors) could possibly aid in litigation, negotiating settlements, drafting commercial agreements, conducting IP asset research and copyright.
In most cases a trade mark Lawyer will likely charge flat fee additional hourly fees or simply hourly fees (straight billable hours) to process a trade mark application. Charges may be affected by the extensiveness in the search, and complications during the application process. Although some trade mark Lawyers may have experience conducting trade mark matters within australia and elsewhere, it is almost always not their sole focus plus they may not have specialist IP or trade marks qualifications.
Trade Marks Attorneys are highly specialised in providing trade mark services including preparing and filing trade mark applications, undertaking trade mark registrability searches, responding to objections and preparing trade mark assignment and licensing agreements. They may be very familiar with this process and the way the Trade Marks Office works, and also will learn whether your proposed mark will infringe another’s IP rights.
Another key distinction between trade mark Lawyers and Trade Marks Attorneys is the fact Patent Filing Services are registered to rehearse with the Trans-Tasman IP Attorneys Board, where being a trade mark Lawyer will not be. Attorney firms are governed with a separate Professional Code of Conduct to solicitors, and as professional advisors, are bound by Attorney client privilege.
An experienced Trade Marks Attorney will provide you with advice on the application and help guide your strategy. They will allow you to by gathering all the relevant information to meet all the requirements of the Trade Marks Office and will communicate with the Office on your behalf. An expert may also perform a more comprehensive search because most law and intellectual property firms subscribe to specialist search software that is more sophisticated than IP Australia’s free search tools.
During the application process, you might receive adverse reports through the Trade Marks Office, or they might request additional information. Trade mark professionals are well versed in addressing objections and will provide you with advice on the alternatives for proceeding. Online filing services may not offer these facilities, as well as the Trade Marks Office cannot provide strategic advice or advise you regarding preparing a reply to any objections raised. Conclusion: DIY is cheap but may not get you the end result you want. Likewise using the online services. Getting a professional may seem more expensive in the outset, however it is worth it.
Overall, it needs to be a matter of worth instead of price. People with expertise and data in the system, including How To Patent, have the main benefit of many years of preparing afhbnt mark applications, every day. They have got seen all the types of objections that can come up and therefore are therefore very likely to draft the application in such a way that objections are certainly not raised. If objections are raised against the application, a trade mark professional knows the easiest way of trying to obtain registration of the mark. If you file yourself and then your trade mark is unsuccessful, it may wind up costing you a lot more than any initial savings. A dedicated Attorney offers you expert advice and take you step-by-step through the procedure through to registration, and can also support you with any enforcement concerns that may arise after registration.